MATTER OF EVANGELINA C. v. MAKSIM K.

Docket No. V15528/17. V15532/17/17A. Appeal No. 15534-15534A. Case No. 2021-00873.

203 A.D.3d 536 (2022)

165 N.Y.S.3d 48

2022 NY Slip Op 01872

In the Matter of Evangelina C., Respondent, v. Maksim K., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2022.


Attorney(s) appearing for the Case

The Reiniger Law Firm, New York ( Anne Reiniger of counsel), for appellant.

Dawne A. Mitchell , The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.


A court may modify a visitation order based on a change of the parties' circumstances that makes modification necessary to ensure the best interests of the child. The "[t]erms and conditions of visitation are matters entrusted to the sound discretion of the trial court, and, as the determination of such issues largely depends on the court's assessment of the credibility of the witnesses and the character, temperament and sincerity of the parties, such determinations should...

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